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(영문) 대전지방법원 논산지원 2017.07.25 2017고단319
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a CF small-sized car.

On February 26, 2017, the Defendant driven the above car at around 21:50, and continued to drive the car at around 21:50, a one-lane road in front of the funeral funeral hall in Chungcheongnam-gun, Chungcheongnam-nam.

Since the road has a center line of yellow solid lines, a person engaged in driving motor vehicles has a duty of care to safely drive motor vehicles on the right side of the road by maintaining the tea line.

Nevertheless, the Defendant neglected to do so and went on to the left side of the center line of yellow de-ray, and received the front wheels part of the victim FF driving GCA 110 Obama, which was going to the front right side of the Defendant, as the front left side of the vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as one-day care for the left-hand side of the 14 week.

Summary of Evidence

1. Statement by the defendant in court;

1. One-time protocol concerning the examination of the police suspect against F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Medical certificate (27 pages of investigation records);

1. Application of Acts and subordinate statutes to photographs of accident scene (the 10 to 14th page of investigation records);

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is relatively heavy to the degree of injury of the victim caused by the instant accident, while the defendant's negligence committed over the center line is also important. However, the first offender is the defendant, the defendant's mistake is against the defendant, the first offender is the victim and the agreement is reached smoothly with the victim, the vehicle covered by the automobile insurance, and all of the sentencing conditions specified in the pleadings of the instant case, such as the defendant's age, sex behavior, environment, accident circumstance, and circumstances after the crime, are considered.

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